Lawmakers file sex predator legislation

The man accused of killing Cherish Perrywinkle is a repeat sex offender.…

December 17, 2013|By Dana Williams and Sally Kestin, Sun Sentinel

Florida senators filed a package of bills to crack down on violent sex predators Tuesday, promising to make sex offender reform the centerpiece of the upcoming legislative session.

The senators propose longer prison sentences, stricter community monitoring anda wider pool of offenders who can be confined after their criminal sentences end.

Lawmakers began working on the legislation after a Sun Sentinel investigation in August revealed that nearly 600 sex offenders committed new sex crimes after being reviewed under Florida's predator law and set free. The law allows the state to keep predators locked up after their prison sentences end if prosecutors can prove they are likely to attack again.

Senate President Don Gaetz said lawmakers were "confronted with clear evidence that current laws and administrative systems are not working well enough."

"We watched in disbelief and disgust as news accounts detailed stories of sexually violent predators slipping through the cracks," Gaetz said in a statement.

Momentum behind the bills is significant. They're sponsored by the leaders of four key committees that oversee sex offender laws and state budgeting.

Both the House and Senate held hearings this falland incorporated suggestions from police, mental health professionals and victims' advocates into a far-reaching package.

Sen. Eleanor Sobel, a Hollywood Democrat, called the legislation "a huge effort'' by lawmakers from both parties.

"We're trying to correct the loopholes and at the same time protect the innocent people in our community, the children and seniors, from these horrible bad guys who have an awful type of disease that can't be cured,'' she said.

Similar legislation in the stateHouse of Representatives is expected to be filed soon. "I believe we are going to have a robust plan this session to protect Floridians," said House Speaker Will Weatherford, a Republican from Wesley Chapel.

One key provision of the Senate bills, said Sen. Rob Bradley, would require judges to include probation when sentencing certain sex offenders, a "glaring weakness'' in the Donald J. Smith case in Jacksonville.

Police had visited Smith the very morning they say he abducted, raped and killed 8-year-old Cherish Perrywinkle in June. Smith, a registered sex offender, had been released from jail three weeks earlier but was not on probation.

Detectives "were unable to go into his house and do a search and see if there was anything that would raise suspicion,'' said Bradley, an Orange Park Republican. "When an individual is on probation, law enforcement has rights to go into the probationer's place of work, to their home, and there's more rights to review their computers. The ultimate goal is to give law enforcement every tool available to prevent these tragedies.''

Senate Bill 526, introduced by Bradley, would:

--Increase sentences for certain sex offensesagainst children. More crimes could lead to a life sentence, and punishment for some repeat offenders could double to 30 years.

--Require probation to follow prison for offenders convicted of certain sex crimes against children and prohibit them from getting out of prison early for good behavior.

--Allow prosecutors to ask for a written ruling from courts that a crime was sexually motivated in cases where sex charges are reduced. That would trigger a review at the end of the sentence to determine whether the inmate qualifies for continued confinement as a predator.

--Delay the start of probation for sex offenders who are confined at the state's sex predator treatment center. Currently, the clock runs while they are at the center.

Senate Bill 528, introduced by Greg Evers, a Baker Republican, would:

--Require registered sex offenders to provide law enforcement with additional information, including all their phone numbers, computer sceen names, social networking and email account names, professional licenses and immigration status. They would also have to list all vehicles at their residence.

-- Add a prosecutor, law enforcement officer and victim advocate to serve as advisers on the evaluation team. Currently, the team is made up of mental health professionals.

-- Include a statement describing the impact of the offender's crimes on victims for predators who are referred to prosecutors for continued confinement.

-- Expand the sex predator review process to include registered offenders released from county jails. Currently, offenders are only evaluated when they are released from prisons and other state facilities.

-- Require the state to notify county sheriffs when predators are released from the treatment center and produce an annual report on rearrest rates.